RES 05-117
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RESOLUTION OS - 117
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A PORTION OF STREET EASEMENT
Case No. EV OS-09
WHEREAS, the property owner abutting the street easements has requested the City
Council in a petition dated September 22, 2005 to vacate such easements
according to law; and,
WHEREAS, a public hearing was held on October 17,2005 before the City Council at the
Elk River City Hall on such petition after due published and posted notice
had been given as well as personal notice to affected property owners on
October 6, 2005 and all persons interested were given an opportunity to be
heard; and,
WHEREAS, it appears that it will be in the best interest of the City to approve such
petition.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the street, drainage, and utility easements described as follows is hereby
vacated:
Exhibit A
Adopted by the Elk River City Council this 17th day of October, 2005.
ATTEST:
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EXHIBIT A
TO RESOLUTION FOR VACATING STREET EASEMENT
5th Street Vacation Description
That part of 5th Street, Vassar Cartway, and Upland Avenue right-of-ways to be vacated,
being in Block 5, Auditors Addition to Elk River, according to said plat on file and of record
in the office of the County Recorder, Sherburne County, Minnesota described as follows:
Commencing at a Judicial Landmark set pursuant to Torrens File No. T-225, at the
Southeast comer of Lot 21, Auditor's Subdivision No.3, according to said plat on file and of
record in the office of the County Recorder, in said Sherburne County, also being a comer
of the duly recorded plat of Bailey Beck Addition, according to said plat on file and of
record in the office of the County Recorder, in said Sherburne County; thence South 89
degrees 15 minutes 39 seconds East, assumed basis of bearings, along the east-west quarter
section line of Section 33 per said duly recorded plat of Bailey Beck Addition, and James
Manor, according to said plat on file and of record in the office of County Recorder, in said
Sherburne County, a distance of 150.00 feet; thence southwesterly, deflecting to the right
101 degrees 18 minutes 30 seconds to the South line of 5th Street formerly known as Vassar
Cartway, distant 33.00 feet south of said east-west quarter section line, as measured at right
angles to said line; thence South 89 degrees 15 minutes 39 seconds East along the south line
of said 5th Street, a distance of 20.13 feet to a point which is 33.00 feet south of, as
measured at right angles to said east-west quarter section line, from a point on said east-west
quarter section line that is 150.00 feet west of the Southwest comer of Block 4, said Auditors
Addition to Elk River to the actual point of beginning of said right-of-way to be vacated;
thence South 57 degrees 03 minutes 04 seconds East to the intersection with a line drawn
parallel with and distant 25.00 feet Westerly of the centerline of Upland Avenue, said
centerline being described as follows;
Beginning at the Southeast comer of said Bailey Beck Addition; thence South 00 degrees
44 minutes 21 seconds West, a distance of 16.50 feet; thence South 05 degrees 37 minutes
54 seconds East, a distance of 250.00 feet and there terminating.
thence North 05 degrees 37 minutes 54 seconds West, along said last described parallel line
to the intersection with a line which bears South 89 degrees 15 minutes 39 seconds East
from said point of beginning; thence North 89 degrees 15 minutes 39 seconds West to said
point of beginning.